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Decide if a worker's request to be accompanied at a disciplinary hearing is reasonable

Key points

Workers are entitled to be accompanied at any formal disciplinary hearing by either a fellow worker or a trade union representative of their choice where they reasonably request to be accompanied, and the chosen companion meets the criteria set out in the legislation.

The Employment Appeal Tribunal has held that there is no necessity for the choice of companion to be reasonable - it is the request to be accompanied itself that must be reasonable. There is, however, no guidance in the legislation about what will and will not be a reasonable request.

What is clear is that employers should not veto workers' choice of companion.

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